Maine Revised Statutes > Title 1 > Chapter 13 > Subchapter 1 – Freedom of Access
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Terms Used In Maine Revised Statutes > Title 1 > Chapter 13 > Subchapter 1 - Freedom of Access
- accumulated contributions: includes as much of the employer's contribution in the Retirement Allowance Fund as is needed to reach 7. See Maine Revised Statutes Title 5 Sec. 17001
- Actuarial equivalent: means an amount of equal value when computed at the discount rate contained in actuarial assumptions adopted by the board. See Maine Revised Statutes Title 5 Sec. 17001
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- adult day care program: means a program of care, activities and protection maintained or carried out on a regular basis by a person or combination of persons in a private dwelling or other facility, for consideration, for any part of a day for 3 or more adults, 19 years of age or older, who are not blood relatives and are coming to the facility for the express purpose of participating in this program. See Maine Revised Statutes Title 22 Sec. 8601
- Adult day care program: means an adult day care program licensed pursuant to chapter 1663 or 1679. See Maine Revised Statutes Title 22 Sec. 9053
- Agency: means an agency, school, organization, facility or institution. See Maine Revised Statutes Title 20-A Sec. 7001
- Agent: means an individual appointed to serve in the capacity of a superintendent. See Maine Revised Statutes Title 20-A Sec. 1
- Agricultural liming material: means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity. See Maine Revised Statutes Title 7 Sec. 762
- Agricultural products: include floricultural, horticultural, viticultural, forestry, nut, dairy, livestock, poultry, bee and any farm products. See Maine Revised Statutes Title 13 Sec. 1774
- Alzheimer special care program: means a special program or secure, locked or segregated unit within one of the following entities for individuals with a diagnosis of probable Alzheimer's disease or a related disorder to prevent or limit access by an individual to areas outside the designated or separated program or area and that advertises, markets or otherwise promotes that entity as providing specialized Alzheimer or dementia care services:
A. See Maine Revised Statutes Title 22 Sec. 8551Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Articles: means the articles of incorporation. See Maine Revised Statutes Title 13 Sec. 1774 Assisted housing program: means a program or facility licensed pursuant to chapter 1663 or an independent housing with services program exempt from licensing pursuant to chapter 1663. See Maine Revised Statutes Title 22 Sec. 9053 Association: means a corporation organized under this subchapter, or a similar domestic corporation, or a foreign association or corporation if authorized to do business in this State, organized under any general or special Act as a cooperative association for the mutual benefit of its members, as agricultural producers, and which confines its operations to purposes authorized by this subchapter and restricts the return on the stock or membership capital and the amount of its business with nonmembers to the limits placed thereon by this subchapter for associations organized hereunder. See Maine Revised Statutes Title 13 Sec. 1774 Background check: means the collection of personally identifiable information, data and biometric identifiers for comparison with criminal record repositories and registry databases that are relevant to an individual's identity and background, including monitoring for future offenses through a rap back monitoring program. See Maine Revised Statutes Title 22 Sec. 9053 Background Check Center: means the entity established under section 9052 to operate the Internet-based system maintained by the department pursuant to section 9054 that is designed to integrate and analyze data streams from various sources and is used by providers when conducting background checks on potential or current direct access workers. See Maine Revised Statutes Title 22 Sec. 9053 Background check report: means a comprehensive report generated by the Background Check Center based on a search and analysis of data stored in federal and state criminal record repositories, registry databases or agencies, including, but not limited to, the Federal Bureau of Investigation; the Department of Public Safety, State Bureau of Identification; abuse and neglect, sex offender and employment-related registries; professional licensing authorities; and Medicare and Medicaid exclusion databases. See Maine Revised Statutes Title 22 Sec. 9053 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Beneficiary: means a person or persons designated by a member to receive a benefit under this Part or a person otherwise entitled to receive a benefit under this Part. See Maine Revised Statutes Title 5 Sec. 17001 Benefit: means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V. See Maine Revised Statutes Title 5 Sec. 17001 Biometric identifier: means a unique and measurable biological, anatomical or physiological characteristic used for identification of an individual, including, but not limited to, fingerprints, retinal or iris scans and palm prints. See Maine Revised Statutes Title 22 Sec. 9053 Biosolids: means municipal sewage sludge that is a primarily organic, semisolid product resulting from the wastewater treatment process that can be beneficially recycled, including material derived from biosolids and septic tank sludge, also known as septage. See Maine Revised Statutes Title 7 Sec. 742 Birth admission: means the time after birth that the newborn remains in the hospital nursery prior to discharge. See Maine Revised Statutes Title 22 Sec. 8822 Board: means the Newborn Hearing Screening Advisory Board. See Maine Revised Statutes Title 22 Sec. 8822 Board: means the board of trustees, established under section 12004?F, subsection 9, to administer the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 Board: means the board of directors. See Maine Revised Statutes Title 13 Sec. 1774 Board of directors: means the governing body with statutory powers and duties for a school administrative district. See Maine Revised Statutes Title 20-A Sec. 1 Brand: means a term, design or trademark used in connection with one or several grades of commercial fertilizer. See Maine Revised Statutes Title 7 Sec. 742 Brand: means the term, designation, trademark, product name or other specific designation under which an individual agricultural liming material is offered for sale. See Maine Revised Statutes Title 7 Sec. 762 Bulk: means a nonpackaged form. See Maine Revised Statutes Title 7 Sec. 762 Bulk fertilizers: means commercial fertilizer distributed in a non-packaged form. See Maine Revised Statutes Title 7 Sec. 742 Bureau: means the Department of Public Safety, State Bureau of Identification. See Maine Revised Statutes Title 22 Sec. 9053 Burnt lime: means a material made from limestone which consists essentially of calcium oxide or a combination of calcium oxide with magnesium oxide. See Maine Revised Statutes Title 7 Sec. 762 Calcium carbonate equivalent: means the acid neutralizing capacity of an agricultural liming material expressed as a weight percentage of calcium carbonate. See Maine Revised Statutes Title 7 Sec. 762 Child: means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. See Maine Revised Statutes Title 19-A Sec. 2802 Child Development Services System: means the state intermediate educational unit under section 7209, subsection 3, and any regional sites it chooses to establish and maintain, to ensure the provision of child find activities, early intervention services and free, appropriate public education services to eligible children. See Maine Revised Statutes Title 20-A Sec. 7001 Child support: means money paid directly to a parent, to another person or agency awarded parental rights and responsibilities with respect to a child or to the department on behalf of a child receiving public assistance and medical or dental insurance coverage provided on behalf of a child pursuant to court order. See Maine Revised Statutes Title 19-A Sec. 1501 Child support order: means a support order for a child, including a child who has attained the age of majority under the law of the issuing state or foreign country. See Maine Revised Statutes Title 19-A Sec. 2802 Child with a disability: means :
A. See Maine Revised Statutes Title 20-A Sec. 7001children: means persons who are not related by blood or marriage to, or who have not been legally adopted by, the licensee or administrator of any facility, defined in section 8101, 8201 or 8301?A, that provides services to these children. See Maine Revised Statutes Title 22 Sec. 7701 Commercial fertilizer: means a substance containing one or more recognized fertilizer materials bearing a guaranteed analysis on the product label of a packaged product or the accompanying delivery paperwork or invoice of a bulk fertilizer. See Maine Revised Statutes Title 7 Sec. 742 Commissioner: means the Commissioner of Education or the commissioner's designee. See Maine Revised Statutes Title 20-A Sec. 1 Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Commissioner: means the Commissioner of Agriculture, Conservation and Forestry or the commissioner's authorized agent. See Maine Revised Statutes Title 7 Sec. 742 Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 762 community well-being check program: means a voluntary program that involves daily, or regular, contact with a participant and, when contact cannot be established, sends first responders to the participant's residence to check on the participant's well-being. See Maine Revised Statutes Title 1 Sec. 402 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contingent offer of employment: means an offer of employment as a direct access worker that is based upon receipt of a final nondisqualifying background check report and that may be withdrawn if a disqualifying final background check report is issued. See Maine Revised Statutes Title 22 Sec. 9053 Contract: A legal written agreement that becomes binding when signed. Convention: means the Convention on the International Recovery of Child Support and Other Forms of Family Maintenance concluded at The Hague on November 23, 2007. See Maine Revised Statutes Title 19-A Sec. 2802 Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Creditable service: means a person's membership service, the person's prior service and service for which credit is allowable under sections 17755 and 17756; section 17760, subsection 3; section 18258; sections 18355 and 18356; and section 18360, subsection 2. See Maine Revised Statutes Title 5 Sec. 17001 Criminal charge without disposition: means a charge that appears on an individual's criminal history record that has not been finally disposed at the time the criminal record is reviewed. See Maine Revised Statutes Title 22 Sec. 9053 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A Department: means any department, commission, institution or agency of State Government including the Maine Community College System. See Maine Revised Statutes Title 5 Sec. 17001 Dependent: A person dependent for support upon another. Direct access: means access to the property, personally identifiable information, financial information and resources of an individual or physical access to an individual who is a Medicare or Medicaid beneficiary or other protected individual served by a provider subject to this chapter. See Maine Revised Statutes Title 22 Sec. 9053 Direct access worker: includes but is not limited to the following individuals:
A. See Maine Revised Statutes Title 22 Sec. 9053Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Disqualifying offense: means an event in a person's background that has resulted in a database or registry notation or criminal record report that is relevant to the health and safety of protected individuals and that is included on the list of disqualifying offenses adopted in rules pursuant to this chapter that mandate a prohibition or exclusion from direct access employment. See Maine Revised Statutes Title 22 Sec. 9053 Distribute: means to offer for sale, sell, barter or otherwise supply commercial fertilizers. See Maine Revised Statutes Title 7 Sec. 742 Distribute: means to offer for sale, sell, barter or otherwise supply agricultural liming materials. See Maine Revised Statutes Title 7 Sec. 762 distributor: means any person who distributes. See Maine Revised Statutes Title 7 Sec. 742 distributor: means any person who is engaged in the business of distributing agricultural liming materials. See Maine Revised Statutes Title 7 Sec. 762 division: means the Department of Health and Human Services, Division of Licensing and Regulatory Services. See Maine Revised Statutes Title 22 Sec. 7701 Division: means the Department of Health and Human Services, Division of Licensing and Regulatory Services. See Maine Revised Statutes Title 22 Sec. 8752 Docket: A log containing brief entries of court proceedings. Drug treatment center: means a facility licensed pursuant to chapter 1663. See Maine Revised Statutes Title 22 Sec. 9053 Early intervention services: means developmental services that are provided under public supervision; are provided at no cost except where federal or state law provides for a system of payments by families, including a schedule of sliding fees; are designed to meet the developmental needs of a child with a disability, as identified by the individualized family service plan team, in one or more areas including physical development, cognitive development, communication development, social or emotional development and adaptive development; meet the standards of the State; are provided by qualified personnel; to the maximum extent appropriate, are provided in natural environments, including the home, and community settings in which children without disabilities participate; and are provided in conformity with an individualized family service plan. See Maine Revised Statutes Title 20-A Sec. 7001 Earnable compensation: includes :
(1) Workers' compensation benefits;
(2) Maintenance, if any;
(3) Any money paid by an employer to a 3rd party under a tax sheltered annuity contract or a deferred compensation plan for the future benefit of an employee provided that the money is not derived from amounts excluded from earnable compensation by paragraph B; and
(4) Pick-up contributions. See Maine Revised Statutes Title 5 Sec. 17001Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC Employee: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Employer: includes a provider, a temporary nurse agency and a personal care agency. See Maine Revised Statutes Title 22 Sec. 9053 employment: means any activity involving direct access services including employment for wages, contracting for temporary staff or use of unsupervised volunteers or students who perform functions similar to those performed by direct access workers. See Maine Revised Statutes Title 22 Sec. 9053 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive session: A portion of the Senate's daily session in which it considers executive business. facility: means any of the places defined in section 8001, 8101, 8201 or 8301?A, subsection 1?A, paragraph B. See Maine Revised Statutes Title 22 Sec. 7701 facility: means a state institution as defined under Title 34-B, chapter 1 or a health care facility licensed by the division, except that it does not include a facility licensed as a nursing facility or licensed under chapter 1664. See Maine Revised Statutes Title 22 Sec. 8752 Fertilizer material: means any substance containing nitrogen, phosphorus, potassium or any recognized plant nutrient element or compound which is used primarily for its plant nutrient content or for compounding mixed fertilizers except unmanipulated animal and vegetable manures. See Maine Revised Statutes Title 7 Sec. 742 Fiduciary: A trustee, executor, or administrator. Fineness: means the percentage by weight of the material which will pass federal standard sieves of specified sizes. See Maine Revised Statutes Title 7 Sec. 762 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Foreign country: means a country, including a political subdivision thereof, other than the United States, that under its law authorizes the issuance of support orders and:
A. See Maine Revised Statutes Title 19-A Sec. 2802Fraud: Intentional deception resulting in injury to another. Grade: means any commercial fertilizer having a specific minimum percentage of plant nutrients that is the same as the guaranteed analysis, expressed in whole numbers. See Maine Revised Statutes Title 7 Sec. 742 Grandfathered employee: means an individual subject to the requirements of this chapter who has been employed prior to October 1, 2023, is subject to section 9058?A and has not previously submitted biometric identifier data for a background check under this chapter. See Maine Revised Statutes Title 22 Sec. 9053 Guaranteed analysis: means the minimum percentage of plant nutrients claimed in the following order and form:
Total Nitrogen (N) . See Maine Revised Statutes Title 7 Sec. 742Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Health care facility: includes a general and specialty hospital, an ambulatory surgical facility, an end-stage renal disease facility and an intermediate care facility for persons with intellectual disabilities or other developmental disabilities. See Maine Revised Statutes Title 22 Sec. 8752 Hearing loss: means a hearing loss of 30 decibels or more in the frequency region important for speech recognition and comprehension in one or both ears. See Maine Revised Statutes Title 22 Sec. 8822 High magnesium: means lime designated as high-mag or dolomitic which must contain at least 5% magnesium. See Maine Revised Statutes Title 7 Sec. 762 Home health care provider: means an entity licensed pursuant to chapter 419. See Maine Revised Statutes Title 22 Sec. 9053 Hospice provider: means an entity licensed pursuant to chapter 1681. See Maine Revised Statutes Title 22 Sec. 9053 Hospital: means an entity licensed pursuant to chapter 405. See Maine Revised Statutes Title 22 Sec. 9053 Hydrated lime: means a material, made from burnt lime, which consists essentially of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide and magnesium hydroxide. See Maine Revised Statutes Title 7 Sec. 762 Immediate jeopardy: means a situation in which the provider's noncompliance with one or more conditions of participation in the federal Medicare program has caused, or is likely to cause, serious injury, harm or impairment to or death of a patient. See Maine Revised Statutes Title 22 Sec. 8752 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Individualized education program team: means the group of individuals composed in accordance with Part B of the federal Individuals with Disabilities Education Act, 20 United States Code § 1414(d)(1)(B) to determine the individualized education program for a child with a disability. See Maine Revised Statutes Title 20-A Sec. 7001 Industrial by-product: means any industrial waste or by-product containing calcium or calcium and magnesium in forms that will neutralize soil acidity. See Maine Revised Statutes Title 7 Sec. 762 Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Intermediate care facility for individuals with intellectual disabilities: means a facility licensed pursuant to chapter 405. See Maine Revised Statutes Title 22 Sec. 9053 Intermediate educational unit: means an entity that meets the definition of intermediate educational unit in the federal Individuals with Disabilities Education Act, 20 United States Code § 1402, (23) as in effect prior to June 4, 1997 and that is a public authority, other than a local educational agency, under the general supervision of the department, that is established for the purpose of providing free public education on a regional basis and that provides special education and related services to children with disabilities within the State. See Maine Revised Statutes Title 20-A Sec. 7001 Issuing state: means the state in which a tribunal issues a support order or a judgment determining parentage of a child. See Maine Revised Statutes Title 19-A Sec. 2802 Issuing tribunal: means the tribunal of a state or foreign country that issues a support order or a judgment determining parentage of a child. See Maine Revised Statutes Title 19-A Sec. 2802 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Label: means any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments. See Maine Revised Statutes Title 7 Sec. 762 Law: includes decisional and statutory law and rules and regulations having the force of law. See Maine Revised Statutes Title 19-A Sec. 2802 Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto). Legislative subcommittee: means 3 or more Legislators from a legislative committee appointed for the purpose of conducting legislative business on behalf of the committee. See Maine Revised Statutes Title 1 Sec. 402 Limestone: means a material capable of neutralizing soil acidity, consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate. See Maine Revised Statutes Title 7 Sec. 762 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Major permanent loss of function: means sensory, motor, physiological or intellectual impairment that was not present at the time of admission and requires continued treatment or imposes persistent major restrictions in activities of daily living. See Maine Revised Statutes Title 22 Sec. 8752 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Marl: means a granular or loosely consolidated loam composed largely of clays, sea shell fragments and carbonates of calcium and magnesium. See Maine Revised Statutes Title 7 Sec. 762 Medicare or Medicaid beneficiary: means a person enrolled in the Medicare or Medicaid program. See Maine Revised Statutes Title 22 Sec. 9053 Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001 Member: includes the holder of a membership in an association without capital stock and the holder of common stock in an association organized with capital stock. See Maine Revised Statutes Title 13 Sec. 1774 Membership service: means service rendered while a member of a retirement program of the retirement system on account of which contributions are made and for which credit is allowable under chapter 423, subchapter 4 or chapter 425, subchapter 4. See Maine Revised Statutes Title 5 Sec. 17001 Mental health services facility or provider: means a facility or agency licensed pursuant to Title 34?B, section 1203?A. See Maine Revised Statutes Title 22 Sec. 9053 Mixed fertilizers: means any combination or mixture of fertilizer materials designed for use or claimed to have value in promoting plant growth. See Maine Revised Statutes Title 7 Sec. 742 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Near miss: means an event or situation that did not produce patient injury, but only because of chance, which may include, but is not limited to, robustness of the patient or a fortuitous, timely intervention. See Maine Revised Statutes Title 22 Sec. 8752 neglect: refers to the definitions found in section 3472, subsections 1 and 11, and also incorporates exploitation, as defined in section 3472, subsection 9. See Maine Revised Statutes Title 22 Sec. 7701 Noncriminal justice submitting entity: means the agency responsible for initiating requests under the rap back monitoring program pursuant to federal implementation guidance documents. See Maine Revised Statutes Title 22 Sec. 9053 Nursing facility: means a facility licensed pursuant to chapter 405. See Maine Revised Statutes Title 22 Sec. 9053 Official sample: means any sample of commercial fertilizer taken by the commissioner. See Maine Revised Statutes Title 7 Sec. 742 Out-of-state service: means service rendered as an employee of:
A. See Maine Revised Statutes Title 5 Sec. 17001Oversight: Committee review of the activities of a Federal agency or program. Packaged biosolids: means biosolids distributed in a sealed container provided by the distributor of the material. See Maine Revised Statutes Title 7 Sec. 742 Parent: means a parent, guardian or legal guardian. See Maine Revised Statutes Title 20-A Sec. 1 Parent: means a natural parent, stepparent, adoptive parent, legal guardian or other legal custodian of a child. See Maine Revised Statutes Title 22 Sec. 8822 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. percentage: means the percentage by weight. See Maine Revised Statutes Title 7 Sec. 742 percentage: means by weight. See Maine Revised Statutes Title 7 Sec. 762 Person: includes individual, partnership, association, firm and corporation. See Maine Revised Statutes Title 7 Sec. 742 Person: means individual, partnership, association, firm or corporation. See Maine Revised Statutes Title 7 Sec. 762 Person who is culturally deaf: means a person with permanent hearing loss who identifies as a member of the deaf community and who utilizes American Sign Language as the primary mode of communication. See Maine Revised Statutes Title 22 Sec. 8822 Personal care agency: means an entity licensed pursuant to section 1717, subsection 2?A. See Maine Revised Statutes Title 22 Sec. 9053 Personal property: All property that is not real property. Personally identifiable information: means information that permits the identity of an individual to whom the information applies to be able to be reasonably inferred or known by either direct or indirect means. See Maine Revised Statutes Title 22 Sec. 9053 Pick-up contributions: means member contributions to the retirement system which are assumed and paid by the employer through a reduction of members' salaries for services rendered, in accordance with the United States Internal Revenue Code, Section 414(h), in lieu of employee contributions. See Maine Revised Statutes Title 5 Sec. 17001 Plaintiff: The person who files the complaint in a civil lawsuit. Portability: means the ability of a direct access worker to transfer the results of a background check eligibility determination and information from the rap back monitoring program to a new employer. See Maine Revised Statutes Title 22 Sec. 9053 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Prior service: means service rendered before the date of establishment of the retirement system as set forth in section 17101. See Maine Revised Statutes Title 5 Sec. 17001 Private school: means an academy, seminary, institute or other private corporation or body formed for educational purposes covering kindergarten through grade 12 or any portion thereof. See Maine Revised Statutes Title 20-A Sec. 1 Probate: Proving a will Producers: includes independent agricultural contractors. See Maine Revised Statutes Title 13 Sec. 1774 Protected individual: means a person who is in need of support, who is vulnerable to abuse, neglect and exploitation and who receives services offered by providers subject to this chapter. See Maine Revised Statutes Title 22 Sec. 9053 Provider: means a licensed, license-exempt, certified or registered entity that employs direct access workers to provide long-term care and in-home and community-based services under this chapter. See Maine Revised Statutes Title 22 Sec. 9053 Public access officer: means the person designated pursuant to section 413, subsection 1. See Maine Revised Statutes Title 1 Sec. 402 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. public proceedings: as used in this subchapter means the transactions of any functions affecting any or all citizens of the State by any of the following:
A. See Maine Revised Statutes Title 1 Sec. 402public records: means any written, printed or graphic matter or any mechanical or electronic data compilation from which information can be obtained, directly or after translation into a form susceptible of visual or aural comprehension, that is in the possession or custody of an agency or public official of this State or any of its political subdivisions, or is in the possession or custody of an association, the membership of which is composed exclusively of one or more of any of these entities, and has been received or prepared for use in connection with the transaction of public or governmental business or contains information relating to the transaction of public or governmental business, except:
A. See Maine Revised Statutes Title 1 Sec. 402Public school: means a school that is governed by a school board of a school administrative unit and funded primarily with public funds. See Maine Revised Statutes Title 20-A Sec. 1 Quorum: The number of legislators that must be present to do business. Rap back monitoring program: means a coordinated system used by federal and state agencies to monitor and generate reports for new criminal record events appearing subsequent to an initial background check pursuant to section 9056. See Maine Revised Statutes Title 22 Sec. 9053 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Reasonable office hours: includes all regular office hours of an agency or official. See Maine Revised Statutes Title 1 Sec. 402 Register: means to file in a tribunal of this State a support order or judgment determining parentage of a child issued in another state or foreign country. See Maine Revised Statutes Title 19-A Sec. 2802 Registrant: means the person who registers commercial fertilizer under this subchapter. See Maine Revised Statutes Title 7 Sec. 742 Regular interest: means interest at the rate set from time to time by the board in accordance with section 17156. See Maine Revised Statutes Title 5 Sec. 17001 Related services: means special education transportation and such developmental, corrective and other related services, as defined by the commissioner, as are required to assist children with disabilities to benefit from their special education programs. See Maine Revised Statutes Title 20-A Sec. 7001 Residential care facility: means a residential care facility licensed or exempted from licensing pursuant to chapter 1663. See Maine Revised Statutes Title 22 Sec. 9053 Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001 Retirement benefit: means the same as retirement allowance. See Maine Revised Statutes Title 5 Sec. 17001 Retirement system: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 Root cause analysis: means a structured process for identifying the causal or contributing factors underlying adverse events. See Maine Revised Statutes Title 22 Sec. 8752 School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1 Secondary school: means that portion of a school that provides instruction in any combination of grades 9 through 12. See Maine Revised Statutes Title 20-A Sec. 1 Sentinel event: means :
A. See Maine Revised Statutes Title 22 Sec. 8752Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001 Service credit: means credit received for creditable service as defined under subsection 10. See Maine Revised Statutes Title 5 Sec. 17001 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Special education: means specially designed instruction, at no cost to parents, to meet the unique needs of children with disabilities, as defined by the commissioner, including:
A. See Maine Revised Statutes Title 20-A Sec. 7001special education program: is a full-time or part-time educational program designed to provide an equal educational opportunity to children with disabilities through the delivery of special education services by qualified individuals. See Maine Revised Statutes Title 20-A Sec. 7001 state: includes an Indian nation or tribe. See Maine Revised Statutes Title 19-A Sec. 2802 State employee: means any regular classified or unclassified officer or employee in a department, any employee of the Maine Community College System except those who make the election provided under Title 20?A, section 12722, any employee of the Maine Educational Center for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf except as provided in Title 20?A, section 7407, subsection 3?A, any employee of the Maine Military Authority, any employee of the Northern New England Passenger Rail Authority, any employee of the Maine Port Authority, any employee of the Efficiency Maine Trust who on June 30, 2009 is an employee of the Public Utilities Commission energy efficiency or renewable energy programs who elects to remain a state employee, any employee of the Efficiency Maine Trust who accepts employment with the Efficiency Maine Trust prior to July 1, 2010 who was a state employee immediately prior to accepting such employment who elects to remain a state employee and any employee transferred from the Division of Higher Education Services to the Finance Authority of Maine who elects to be treated as a state employee, but does not include:
A. See Maine Revised Statutes Title 5 Sec. 17001Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Substance use disorder treatment agency: means an approved treatment facility or program licensed pursuant to Title 5, chapter 521. See Maine Revised Statutes Title 22 Sec. 9053 Supervision: means a supervisor is physically present and immediately able to respond to the needs of protected individuals through an ongoing and verifiable process for the duration of conditional employment. See Maine Revised Statutes Title 22 Sec. 9053 Support enforcement agency: means a public official or agency authorized to:
A. See Maine Revised Statutes Title 19-A Sec. 2802Support order: means a judgment, decree, order, decision or directive, whether temporary, final or subject to modification, issued in a state or foreign country for the benefit of a child, a spouse or a former spouse, that provides for monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support. See Maine Revised Statutes Title 19-A Sec. 2802 Teacher: includes a person who is on a one-year leave of absence from a position as a teacher and is participating in the education of prospective teachers by teaching and supervising students enrolled in college-level teacher preparation programs in this State. See Maine Revised Statutes Title 5 Sec. 17001 Temporary nurse agency: means an agency registered pursuant to chapter 417 or an agency that places temporary health care professionals in direct access positions in the State that is not otherwise required to register in the State. See Maine Revised Statutes Title 22 Sec. 9053 terrorism: means conduct that is designed to cause serious bodily injury or substantial risk of bodily injury to multiple persons, substantial damage to multiple structures whether occupied or unoccupied or substantial physical damage sufficient to disrupt the normal functioning of a critical infrastructure; [PL 2003, c. See Maine Revised Statutes Title 1 Sec. 402 Testimony: Evidence presented orally by witnesses during trials or before grand juries. This subchapter: means the "Uniform Agricultural Cooperative Association Act. See Maine Revised Statutes Title 13 Sec. 1774 Ton: means a net weight of 2,000 pounds avoirdupois. See Maine Revised Statutes Title 7 Sec. 742 Ton: means a net weight of 2,000 pounds avoirdupois or metric weight, if and when appropriate and in accordance with rules. See Maine Revised Statutes Title 7 Sec. 762 Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 treatment: includes , but is not limited to, audiological, medical or early educational services that provide a choice of methods of communication in a variety of sensory modalities. See Maine Revised Statutes Title 22 Sec. 8822 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Tribunal: means a court, administrative agency or quasi-judicial entity authorized to establish, enforce or modify support orders or to determine parentage. See Maine Revised Statutes Title 19-A Sec. 2802 tribunal of this State: means the District Court or the Department of Health and Human Services. See Maine Revised Statutes Title 19-A Sec. 2802 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Unpackaged biosolids: means biosolids distributed in a loose, unpackaged form in an unsealed container, including, but not limited to, a tote bag, tote tank, bin, tank, trailer, spreader truck, railcar and pickup truck bed or other container provided by the final user solely for transport of the material. See Maine Revised Statutes Title 7 Sec. 742 User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. Waiver: means an exemption granted by the department to a specific individual who is banned from employment as a direct access worker for a disqualifying offense. See Maine Revised Statutes Title 22 Sec. 9053 Weight: means the weight of undried material as offered for sale. See Maine Revised Statutes Title 7 Sec. 762 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72